Your Committee on Judiciary , to which was referred House Bill 1209 , has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows:
Delete the title and insert the following:
A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.
or very significant disruption of consciousness, memory, and
perception of the environment.
Sec. 3. As used in this chapter, "formal training in forensic psychiatry or forensic psychology" includes:
(1) course work or continuing education in a relevant area of forensic psychiatry or forensic psychology; and
(2) practice supervised by a qualified forensic mental health practitioner.
Sec. 4. As used in this chapter, "individual with a severe mental illness" means an individual who, at the time of the offense, had active symptoms of a severe mental illness that substantially impaired the individual's capacity to:
(1) appreciate the nature, consequences, or wrongfulness of the individual's conduct;
(2) exercise rational judgment in relation to the individual's conduct; or
(3) conform the individual's conduct to the requirements of the law.
Sec. 5. (a) As used in this chapter, "severe mental illness" means one (1) or more of the following mental disorders or disabilities as diagnosed by psychiatrists or psychologists using their current professional standards:
(2) Schizoaffective disorder.
(3) Bipolar disorder.
(4) Major depression.
(5) Delusional disorder.
(b) The term does not include a mental disorder or disability manifested primarily by repeated criminal conduct or attributable solely to the acute effects of alcohol or other drugs.
Sec. 6. (a) A defendant may file a petition alleging that the defendant is an individual with a severe mental illness.
(b) The petition must be filed not later than twenty (20) days before the omnibus date.
(c) If a defendant files a petition under this section, the court shall order an evaluation of the defendant to provide evidence of whether the defendant is an individual with a severe mental illness. The evaluation must include psychological and forensic testing and
shall be conducted by a panel of three (3) disinterested
psychiatrists or psychologists endorsed by the state psychology
board as health service providers in psychology. Each member of
the panel must have formal training in forensic psychiatry or
forensic psychology and must have experience in evaluating the
mental status of defendants at the time of their alleged offenses. At
least one (1) member of the panel must be a psychiatrist. The panel
shall be selected as follows:
(1) The defendant shall submit a list of at least five (5) psychiatrists or psychologists qualified under this subsection.
(2) The prosecuting attorney shall submit a list of at least five (5) psychiatrists or psychologists qualified under this subsection.
(3) The court shall select one (1) psychologist or psychiatrist from each list submitted by the defendant and the prosecuting attorney.
(4) The two (2) psychologists, two (2) psychiatrists, or the psychologist and psychiatrist selected by the court from the lists submitted by the defendant and the prosecuting attorney shall select a third psychologist or psychiatrist. The third psychiatrist or psychologist is not required to be a psychiatrist or psychologist named on a list submitted by the defendant or the prosecuting attorney.
The court shall ensure that the panel and its members meet the requirements of this subsection.
Sec. 7. (a) The court shall conduct a hearing on a petition filed under this chapter. At the hearing, the court shall consider the evaluation prepared by the psychiatrists or psychologists in accordance with section 6(c) of this chapter.
(b) The court may determine that the defendant is an individual with a severe mental illness only if the defendant proves at the hearing by clear and convincing evidence that the defendant is an individual with a severe mental illness.
Sec. 8. Not later than ten (10) days before the initial trial date, the court shall determine whether the defendant is an individual with a severe mental illness based on the evidence presented at the hearing under section 7 of this chapter. The court shall issue written findings supporting the court's determination under this
Sec. 9. If the court determines that the defendant is an individual with a severe mental illness under section 8 of this chapter, the part of the state's charging instrument filed under IC 35-50-2-9 that seeks a death sentence against the defendant shall be dismissed.
Sec. 10. If a defendant is:
(1) determined by the court to be an individual with a severe mental illness under this chapter; and
(2) convicted of murder;
the court shall sentence the defendant under IC 35-50-2-3 but may not impose a sentence of death.
circumstances listed in subsection (b). In the sentencing hearing after
a person is convicted of murder, the state must prove beyond a
reasonable doubt the existence of at least one (1) of the aggravating
circumstances alleged. However, the state may not proceed against a
defendant under this section if a court determines at a pretrial hearing
under IC 35-36-9 that the defendant is an individual with mental
retardation. The state may not seek a death sentence against a
defendant under this section if a court determines at a pretrial
hearing under IC 35-36-10 that the defendant is an individual with
a severe mental illness (as defined in IC 35-36-10-5).
(b) The aggravating circumstances are as follows:
(1) The defendant committed the murder by intentionally killing the victim while committing or attempting to commit any of the following:
(A) Arson (IC 35-43-1-1).
(B) Burglary (IC 35-43-2-1).
(C) Child molesting (IC 35-42-4-3).
(D) Criminal deviate conduct (IC 35-42-4-2).
(E) Kidnapping (IC 35-42-3-2).
(F) Rape (IC 35-42-4-1).
(G) Robbery (IC 35-42-5-1).
(H) Carjacking (IC 35-42-5-2).
(I) Criminal gang activity (IC 35-45-9-3).
(J) Dealing in cocaine or a narcotic drug (IC 35-48-4-1).
(2) The defendant committed the murder by the unlawful detonation of an explosive with intent to injure person or damage property.
(3) The defendant committed the murder by lying in wait.
(4) The defendant who committed the murder was hired to kill.
(5) The defendant committed the murder by hiring another person to kill.
(6) The victim of the murder was a corrections employee, probation officer, parole officer, community corrections worker, home detention officer,
fireman, firefighter, judge, or law
enforcement officer, and either:
(A) the victim was acting in the course of duty; or
(B) the murder was motivated by an act the victim performed while acting in the course of duty.
provided by IC 35-36-9 or IC 35-36-10, if the hearing is by jury, the
jury shall recommend to the court whether the death penalty or life
imprisonment without parole, or neither, should be imposed. The jury
(1) the death penalty; or
(2) life imprisonment without parole;
only if it makes the findings described in subsection (l). If the jury reaches a sentencing recommendation, the court shall sentence the defendant accordingly. After a court pronounces sentence, a representative of the victim's family and friends may present a statement regarding the impact of the crime on family and friends. The impact statement may be submitted in writing or given orally by the representative. The statement shall be given in the presence of the defendant.
(f) If a jury is unable to agree on a sentence recommendation after reasonable deliberations, the court shall discharge the jury and proceed as if the hearing had been to the court alone.
(g) If the hearing is to the court alone, except as provided by IC 35-36-9 or IC 35-36-10, the court shall:
(1) sentence the defendant to death; or
(2) impose a term of life imprisonment without parole;
only if it makes the findings described in subsection (l).
(h) If a court sentences a defendant to death, the court shall order the defendant's execution to be carried out not later than one (1) year and one (1) day after the date the defendant was convicted. The supreme court has exclusive jurisdiction to stay the execution of a death sentence. If the supreme court stays the execution of a death sentence, the supreme court shall order a new date for the defendant's execution.
(i) If a person sentenced to death by a court files a petition for postconviction relief, the court, not later than ninety (90) days after the date the petition is filed, shall set a date to hold a hearing to consider the petition. If a court does not, within the ninety (90) day period, set the date to hold the hearing to consider the petition, the court's failure to set the hearing date is not a basis for additional postconviction relief. The attorney general shall answer the petition for postconviction relief on behalf of the state. At the request of the attorney general, a prosecuting attorney shall assist the attorney general. The court shall
enter written findings of fact and conclusions of law concerning the
petition not later than ninety (90) days after the date the hearing
concludes. However, if the court determines that the petition is without
merit, the court may dismiss the petition within ninety (90) days
without conducting a hearing under this subsection.
(j) A death sentence is subject to automatic review by the supreme court. The review, which shall be heard under rules adopted by the supreme court, shall be given priority over all other cases. The supreme court's review must take into consideration all claims that the:
(1) conviction or sentence was in violation of the:
(A) Constitution of the State of Indiana; or
(B) Constitution of the United States;
(2) sentencing court was without jurisdiction to impose a sentence; and
(A) exceeds the maximum sentence authorized by law; or
(B) is otherwise erroneous.
If the supreme court cannot complete its review by the date set by the sentencing court for the defendant's execution under subsection (h), the supreme court shall stay the execution of the death sentence and set a new date to carry out the defendant's execution.
(k) A person who has been sentenced to death and who has completed state postconviction review proceedings may file a written petition with the supreme court seeking to present new evidence challenging the person's guilt or the appropriateness of the death sentence if the person serves notice on the attorney general. The supreme court shall determine, with or without a hearing, whether the person has presented previously undiscovered evidence that undermines confidence in the conviction or the death sentence. If necessary, the supreme court may remand the case to the trial court for an evidentiary hearing to consider the new evidence and its effect on the person's conviction and death sentence. The supreme court may not make a determination in the person's favor nor make a decision to remand the case to the trial court for an evidentiary hearing without first providing the attorney general with an opportunity to be heard on the matter.
(l) Before a sentence may be imposed under this section, the jury, in a proceeding under subsection (e), or the court, in a proceeding
under subsection (g), must find that:
(1) the state has proved beyond a reasonable doubt that at least one (1) of the aggravating circumstances listed in subsection (b) exists; and
(2) any mitigating circumstances that exist are outweighed by the aggravating circumstance or circumstances.
and when so amended that said bill do pass.